"Strengthening the Passivity Default"

Michigan Law Authors
Areas of Interest
Publish Date
2019
Publication
The American College of Trust and Estate Counsel Law Journal
Publication Type
Journal Article
Abstract

In The Prudence of Passivity, Bryon Harmon and Laura Fisher (hereafter HF) argue that "passive management become the default approach for the investment of trust funds, to be abandoned only when circumstances specifically dictate the use of active management."' In this comment we argue that their thesis could be strengthened (i) by more clearly distinguishing between default law and default investment practices, (ii) by more clearly articulating their favored altering rules.

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